How Fault Is Determined in Personal Injury

Finding personal injury fault is rarely cut and dry. This is partially because each party has something to gain by coming to a different conclusion. 

Fault is determined in personal injury cases based on evidence that indicates one party’s negligence caused another person’s injuries, and to what degree each party involved was responsible. Understanding how fault is determined can help you know what to expect in your claim’s process, and help your personal injury lawyer in Phoenix, Arizona build you the strongest case possible.

What Is Fault?

When it comes to personal injury law, ‘fault’ simply refers to the legal responsibility for causing an accident or injury. Many personal injury claims are based on negligence, which means someone didn’t act using reasonable care given the circumstances.

A driver running a red light, a trucking company failing to maintain its vehicles, or a pedestrian ignoring a crosswalk sign might all be found negligent if their actions cause injury. To get compensation for their injuries, a victim must show that a specific party’s negligence directly led to the accident and the damages that occurred because of it.

The Importance of Evidence

While each party’s account of the accident is important, as stated above, they might each have reason to bend the truth in their recollection. The foundation of establishing fault is evidence.

The following types of evidence can be integral to either side proving fault:

• Photographs and video footage of the accident
• Cell phone records and electronic data
• Witness statements
• Vehicle damage and property inspections
• Expert opinions, such as analysis by accident reconstruction specialists
• Police and accident reports

Gathering evidence is one of the biggest reasons to hire an attorney in a personal injury case. Not only is the above evidence difficult for the average person to gather, but lawyers know which avenues to prioritize to make your case as strong as possible.

The Comparative Negligence Rule

Part of what makes determining fault in Arizona complicated is the comparative negligence rule. This rule means that an injured person can recover compensation for an accident even if they were partially at fault, and that their compensation will be reduced based on their responsibility.

For example, if one party is found to be 25% responsible for an accident, only 75% of the damages they suffer from the accident may be rewarded. This is another reason evidence is so important in Arizona, and it’s another benefit of hiring a personal injury lawyer to fight for your fault to be accurately represented.

Building the Strongest Case

When it comes to personal injury cases in Arizona, Gage Mathers is who you want in your corner. We investigate claims thoroughly, work with experts, and track down every piece of evidence to establish the truth behind an accident.

When it comes to paying medical bills and recovering lost wages after an accident, we’ll take on insurance companies for you and make sure you aren’t unfairly held at fault!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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